News & Analysis as of

Jurisdiction Wetlands Environmental Protection Agency (EPA)

Morris, Manning & Martin, LLP

11th Circuit Applies Sackett in Upholding Dismissal of Alleged Wetland Violations

On July 29th, the Eleventh Circuit affirmed the dismissal of a lawsuit brought by environmental groups for alleged violations of the Clean Water Act resulting from the alleged illegal filling of wetlands on Georgia’s coast....more

Best Best & Krieger LLP

EPA Seeks Public Input on WOTUS Implementation Post-Sackett Ruling

On March 24, 2025, the Environmental Protection Agency (EPA) published plans to seek stakeholder input on implementing a new definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). The EPA’s goal...more

Bracewell LLP

EPA and the Army Make More Waves on WOTUS

Bracewell LLP on

On March 12, the Environmental Protection Agency and the Office of the Assistant Secretary of the Army took steps to address lingering questions about the meaning and implementation of “waters of the United States” (WOTUS)...more

Nutter McClennen & Fish LLP

Environment & Energy Insights (August 2024)

​Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Army Corps of Engineers (Vicksburg District)/Special Public Notice: Programmatic Emphasis on Department of the Army Permit...

The United States Army Corps of Engineers (“Corps”) Vicksburg District issued a May 29th Special Public Notice (“SPN”) styled: Vicksburg District Regulatory Update - ...more

Mintz

An early Christmas present from three Fifth Circuit Judges who concluded a Louisiana property is not subject to Federal Clean...

Mintz on

Garry Lewis owns 2000 acres in Livingston Parish, Louisiana and he has been fighting with the Army Corps of Engineers over whether any of those 2000 acres are wetlands subject to Federal Clean Water Act jurisdiction for over...more

Ward and Smith, P.A.

WOTUS Whiplash 4.3: The Revision to the Revised Definition of "Waters of the United States"

Ward and Smith, P.A. on

The third major development of 2023 for defining "Waters of the United States" ("WOTUS") has arrived.   First, in early 2023, the United States Environmental Protection Agency ("EPA") and the United States Army Corps of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Murky Waters/Navigating a Post-Sackett World: Ranking Members/U.S. House of Representatives Committee on Transportation and...

Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more

Pierce Atwood LLP

Effective Immediately, EPA and Army Corps Drastically Reduce Federal Jurisdiction Over Wetlands

Pierce Atwood LLP on

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published in the September 8th Federal Register a final rule to amend the “Revised Definition of ‘Waters of the United States’” rule....more

Mintz

EPA & the Corps have published their 10th attempt to determine the reach of the Clean Water Act. Litigation is certain to follow.

Mintz on

Ahead of schedule, yesterday EPA and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal Clean Water Act. The only question now is will its opponents file amended complaints in...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: SCOTUS Rulings, the Fiscal Responsibility Act and the October 2023 Calendar

The Supreme Court issued 58 opinions in the October 2022 Term. Rulings in several cases will affect the practice of regulatory and administrative law either directly or indirectly, as is recounted below. Before the Court...more

Davis Wright Tremaine LLP

SCOTUS Whacks WOTUS, Reducing Protection of American Wetlands

In Sackett v. EPA, the U.S. Supreme Court delivered a massive blow to EPA's ability to regulate wetlands under the Clean Water Act ("CWA"). Addressing the "nagging question" about the reaches of the CWA, Justice Alito, joined...more

Bradley Arant Boult Cummings LLP

WOTUS at SCOTUS: Supreme Court Shrinks Clean Water Act Jurisdiction over Wetlands

Last week the Supreme Court of the United States issued its decision in Sackett v. EPA, clarifying what wetlands are subject to federal jurisdiction and regulation under the Clean Water Act (CWA). The Sackett case was brought...more

Nutter McClennen & Fish LLP

Supreme Court Narrows the Clean Water Act’s Jurisdictional Reach Over Wetlands

The Supreme Court, on May 25, 2023, addressed the longstanding issue of how to determine when a wetland is subject to jurisdiction under the Clean Water Act (the “CWA”). In Sackett v. Environmental Protection Agency, a 5-4...more

Schwabe, Williamson & Wyatt PC

Clean Water Act Coverage – Another Revised WOTUS Rule

On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) published a final rule (2023 Rule) revising the definition of “waters of the United States” (WOTUS) as used in the...more

Lippes Mathias LLP

WOTUS Rule Finalized: What Does it Mean?

Lippes Mathias LLP on

Following decades of regulatory actions and lawsuits concerning the definition of “waters of the United States under the Clean Water Act, on December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army...more

Venable LLP

Clean Water Act Wetlands Jurisdiction: Could Adjacency Be the New "Significant Nexus"?

Venable LLP on

​​​​​​​The U.S. Supreme Court's October 2022 term began with a bang: a new Justice on the bench, the public back in the courtroom for the first time since the pandemic - and two hours of argument about the scope of federal...more

Bricker Graydon LLP

Ohio's New Ephemeral Stream Law

Bricker Graydon LLP on

On July 21, 2022, new Ohio law governing regulation of ephemeral streams went into effect. The new law is the result of House Bill 175, which was passed by the Ohio General Assembly on April 6, 2022. ...more

Dorsey & Whitney LLP

The Supreme Court - January 24, 2022

Dorsey & Whitney LLP on

Students for Fair Admissions v. President and Fellows of Harvard; Students for Fair Admissions v. University of North Carolina, Nos. 20-1199, 21-707:  These cases, involving the interpretation of the Equal Protection Clause...more

Foley Hoag LLP - Environmental Law

The Sacketts Got Their Day in Court on the Merits; Another Lesson in Being Careful What You Wish For

Last week, in what may or may not be the last round in the ongoing efforts by Michael and Chantell Sackett to build a house on wetlands in Idaho, the 9th Circuit Court of Appeals found that: EPA reasonably determined...more

Foley & Lardner LLP

Hold Your Water – Navigating the New Rule Defining "Waters of the United States"

Foley & Lardner LLP on

On January 23, 2020, the Department of the Army Corps of Engineers and the U.S. Environmental Protection Agency finalized a rule redefining the scope of federal regulatory jurisdiction over “waters of the United States.” ...more

Bracewell LLP

Clean Water Act News: Final Rulemaking Defining Waters of the United States Released

Bracewell LLP on

On January 23, EPA Administrator Wheeler announced the final rulemaking for the revised definition of “Waters of the United States,” a key phrase in the Clean Water Act that delineates the extent of federal jurisdiction over...more

Brownstein Hyatt Farber Schreck

EPA Releases Revised Rule Impacting Federal Jurisdiction Over Waters

On Jan. 23, the U.S. Environmental Protection Agency (EPA) released revised rules defining what constitute waters of the United States under federal Clean Water Act (CWA) jurisdiction. The rule, entitled the Navigable Water...more

Sheppard Mullin Richter & Hampton LLP

EPA and Army Repeal Clean Water Rule and Move Forward with Plan to Redefine Waters Subject to Federal Regulation under Clean Water...

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published a rule on October 23, 2019, repealing the Clean Water Rule promulgated by the Obama administration in 2015. The rule, which...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/U.S. EPA Proposed Rule: St. Francis Levee District of Arkansas Comments

The United States Environmental Protection Agency (“EPA”) has received thousands of comments in the Administrative Docket for the proposed revisions to the Clean Water Act definition of Waters of the United States (“WOTUS”)....more

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